Tour cancelled or travel agency not refunding the money: what to do under Georgian law

What to do

1. Qualification: the organiser (tourism enterprise) must provide the agreed services; a package is two or more components sold for one total price (Civil Code, Art. 657). The contracting party is determined by the contract or voucher: an agent’s transaction on behalf of the operator, within its authority, binds only the operator (Civil Code, Art. 104); if the agent acted in its own name, it is liable.
2. Deadlines: claims must be presented to the organiser within 1 month after the end of the trip under the contract (Civil Code, Art. 663); limitation period — 6 months from the end of the trip under the contract (Civil Code, Art. 663). File the claim in writing and right away.
3. Cancellation or change by the organiser: in case of a forced, material change of terms before departure, the organiser must notify the tourist immediately; the tourist chooses — to terminate or to accept (Civil Code, Art. 657³); the price may not be increased within 20 days before departure (Civil Code, Art. 657³); on termination the package is cancelled: an equivalent or better package, payment of the difference, or an IMMEDIATE refund of what was paid (Civil Code, Art. 661); the organiser loses the right to the price (except for services already provided) (Civil Code, Art. 661); termination before departure without the tourist’s fault — damages, except for insufficient group size (with written notice within the set period) and force majeure (Civil Code, Art. 662); a disrupted trip — compensation for the lost holiday (Civil Code, Art. 662). Otherwise: unforeseen insurmountable force majeure — either party may terminate (Civil Code, Art. 666); withdrawal by the tourist before departure — the organiser may retain proportionate compensation (Civil Code, Art. 665).
4. Company disappeared: claim against the operator and the agent; the organiser must have insolvency guarantees to secure refunds of amounts paid (Civil Code, Art. 662²); money taken through deception — report the fraud to the police (Criminal Code of Georgia, Art. 180).
5. Procedure: claim → Competition and Consumer Protection Agency; court is not excluded (Law on the Protection of Consumer Rights, Art. 28) → court. Online purchase: the no-reason withdrawal right for online contracts does not apply to holidays with specific dates (Law on the Protection of Consumer Rights, Art. 14). Timing: the chapter of the Civil Code on tour contracts is repealed as of 1 June 2027 (Civil Code, Art. 665).
6. Where to apply: tour operator / travel agent → Competition and Consumer Protection Agency → district (city) court; in case of deception — police.
7. Evidence: the contract or voucher, the tour programme, receipts and bank statements, correspondence about the cancellation, the claim with its delivery date.
8. Pitfalls: applying the general 3-year limitation period instead of the short tour-contract period; silently accepting a rescheduling or a voucher — the choice belongs to the tourist; confusing this with a cancelled flight or a separate accommodation booking.

Be sure to check

• if the organiser cancels or materially changes the tour, the choice belongs to the tourist, including an immediate refund of the full amount paid (plus damages, unless it is force majeure or insufficient group size)
• short deadlines: claim — 1 month after the end of the trip under the contract; limitation period — 6 months
• liability of tour operator vs. travel agent depends on whose name the contract was concluded in
• procedure: written claim → Agency → court; if the company has disappeared — police